Dodge v. Irvington Land Co.
Supreme Court of Alabama
158 Ala. 91 (1908)
Relevant factsFree
The trial court found Dodge (plaintiff) was in actual possession of government-owned land at the time Irvington (defendant) entered the premises, with no evidence Dodge had abandoned the property, and ruled in Dodge's favor on his ejectment action; Irvington appealed, having entered the property under color of title but without presenting evidence of superior title in itself or a third party.
IssueFree
Whether prior possession of land constitutes prima facie evidence of title that is superior to all who do not prove better title, including those who enter under color of title.